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Brantley Starr

Brantley David Starr (born 1979) is an American jurist serving as a United States district judge for the United States District Court for the Northern District of Texas. Nominated by President Donald Trump on March 11, 2019, to fill a vacancy created by the retirement of Judge Sidney A. Fitzwater, Starr was confirmed by the Senate on July 18, 2019, and received his commission on August 6, 2019. Prior to his federal appointment, Starr served as Deputy First Assistant Attorney General for the state of Texas from 2015 to 2019, following roles as a fellow and assistant solicitor general in the Texas Attorney General's Office from 2008 to 2015, and as an assistant attorney general from 2004 to 2007; he also clerked for U.S. District Judge James E. Kinkeade from 2007 to 2008. Starr earned a Bachelor of Arts degree summa cum laude from Abilene Christian University in 2001 and a Juris Doctor from the University of Texas School of Law in 2004. Among his notable rulings, Starr has emphasized protections for religious liberty, as in the 2023 case involving fired Southwest Airlines flight attendant Charlene Carter, whom he found was discharged for expressing pro-life views in violation of the airline's policies; he awarded Carter $800,000 in damages, ordered her reinstatement, and initially held the airline in contempt for incomplete compliance, requiring its attorneys to undergo eight hours of religious liberty training from the Alliance Defending Freedom, a Christian legal advocacy group—though the Fifth Circuit Court of Appeals later reversed the training requirement in 2025, ruling that the district court lacked authority to impose it on counsel. In May 2023, Starr issued a standing order prohibiting attorneys from submitting filings generated by artificial intelligence without human verification, citing risks of fabricated citations and factual inaccuracies. His judicial approach has drawn criticism from progressive advocacy groups for positions taken in prior state roles opposing certain federal mandates on transgender healthcare and contraceptive coverage under the Affordable Care Act, reflecting a commitment to federalism and religious exemptions.

Early Life and Education

Upbringing and Family Background

Brantley David Starr was born in 1979 in San Antonio, Texas. Public records provide limited details on his family background or specific aspects of his upbringing beyond his Texas origins. As a native Texan, Starr grew up in the state prior to pursuing higher education.

Academic Achievements and Influences

Starr earned a degree summa laude from in 2001. He subsequently obtained a from the of of in 2004. No additional academic honors, such as law review participation or specific awards during his legal studies, are documented in official records. Following graduation, Starr clerked for Justice Don Willett of the Texas Supreme Court from 2005 to 2006, an early professional role that exposed him to state appellate jurisprudence under a judge known for textualist and originalist leanings. This clerkship, occurring immediately after law school, represented a formative influence in his legal career, bridging academic training with practical application in conservative judicial interpretation. Specific academic mentors or intellectual influences from his university years remain unelaborated in available biographical sources.

Pre-Judicial Legal Career

Early Professional Roles and Clerkships

Following his graduation from the University of Texas School of Law in 2004, Brantley Starr served as a law clerk to Justice Don Willett of the Texas Supreme Court from 2004 to 2005. In this role, he assisted in researching and drafting opinions for the state's highest civil court. Starr then entered public service as a fellow and assistant solicitor general in the Texas Attorney General's Office from 2005 to 2008, where he handled appellate litigation, including arguments before state and federal courts on behalf of the state. From 2008 to 2011, he practiced as an associate at the international law firm King & Spalding LLP in Austin, Texas, focusing on complex commercial litigation and appellate matters. In 2011, Starr joined the Texas Supreme Court as a career staff attorney to Justice Eva Guzman, serving in that permanent clerkship position until 2015; this role involved ongoing support for judicial decision-making, opinion writing, and case management for one of the court's associate justices.

Service in Texas Attorney General's Office

Starr first joined the Texas Attorney General's Office in 2004 as an Assistant Attorney General, where he conducted research and provided advice on government transparency laws and special issues under the supervision of Deputy Attorney General Don Willett. From 2006 to 2008, he served as a Fellow and Assistant Solicitor General, handling appellate representation of the state in both state and federal courts, including earning the National Association of Attorneys General Best Brief Award in 2007 for excellence in briefing. After a period clerking for Judge Don Willett on the Fifth Circuit and serving as a staff attorney at the Texas Supreme Court, Starr returned to the Attorney General's Office in 2015 as Deputy Attorney General for Legal Counsel, managing divisions responsible for issuing approximately 245 formal legal opinions, handling around 30,000 open records rulings annually, reviewing 1,700 bond packages per year, and overseeing grants administration and special litigation. In 2016, he advanced to Deputy First Assistant Attorney General, a role he held until his federal judicial nomination in 2019, in which he supervised civil litigation involving 300 attorneys across 30,000 active cases, the Solicitor General's Office (which argued 12 cases before the U.S. Supreme Court since 2015), criminal litigation divisions, and a law enforcement unit with about 180 officers; he also advised on major statutory and constitutional matters. During this later tenure, Starr contributed to high-profile litigation defending state policies, including co-leading the defense of Texas Senate Bill 4—a law restricting sanctuary city practices—in City of El Cenizo v. Texas (2017), where he argued before the district court and helped secure a stay from the Fifth Circuit along with a partial reversal upholding key provisions. He drafted the complaint and motion for preliminary injunction in Texas v. United States (2018), representing a coalition of 10 states challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. Additionally, Starr authored briefs for the state in Abbott v. Perez (2018), a U.S. Supreme Court case addressing challenges to Texas congressional redistricting maps under the Voting Rights Act.

Judicial Nomination and Confirmation

Nomination by President Trump

On March 8, 2019, President Donald Trump announced his intent to nominate Brantley Starr, then serving as Deputy First Assistant Attorney General of Texas, to the United States District Court for the Northern District of Texas. The nomination aimed to fill a vacancy created by Judge Sidney A. Fitzwater assuming senior status in December 2018. Starr's selection highlighted his extensive experience within the Texas Attorney General's Office, where he oversaw nearly two dozen divisions and had previously held roles as Deputy Attorney General for Legal Counsel, Assistant Solicitor General, and Assistant Attorney General. The White House announcement emphasized Starr's early legal career, including clerkships for Justice Don R. Willett of the Texas Supreme Court and as staff attorney to Justice Eva Guzman, underscoring his appellate litigation expertise and familiarity with Texas state law. Texas Attorney General Ken Paxton praised the nomination, crediting Starr's contributions to defending state interests in high-profile cases and his leadership in the office's legal operations. Formally transmitted to the Senate on March 11, 2019, the nomination positioned Starr, a University of Texas School of Law graduate, as a candidate with deep roots in Texas legal practice.

Senate Confirmation Process and Opposition

President Donald Trump nominated Brantley Starr to the United States District Court for the Northern District of Texas on March 11, 2019, to fill a vacancy created by the elevation of Judge Sam R. Cummings to senior status. The Senate Judiciary Committee advanced his nomination following a hearing on April 10, 2019, during which Starr testified on his qualifications and judicial philosophy, and he subsequently submitted responses to written questions for the record addressing topics including his prior legal work and views on precedent. The committee reported Starr's nomination to the full Senate on May 9, 2019, by a 12-10 vote along party lines. The Senate invoked cloture on Starr's nomination on July 30, 2019, by a 51-37 vote, overcoming potential filibuster, and confirmed him the following day, July 31, 2019, in a 51-39 roll call vote that aligned with partisan divisions, with all voting Republicans in favor and Democrats opposed. Ten senators did not vote, including two Republicans. Opposition to Starr's confirmation emanated primarily from progressive advocacy organizations, which criticized his tenure in the Texas Attorney General's office as evidencing ideological bias unsuitable for the bench. The Leadership Conference on Civil and Human Rights contended that Starr's advisory role under Attorney General Ken Paxton involved efforts to restrict voting rights, LGBTQ equality, reproductive freedoms, and protections for Dreamers, portraying him as advancing a "far-right ideological agenda." Lambda Legal, an organization focused on LGBTQ rights, highlighted Starr's involvement in state challenges to federal transgender protections, such as opposition to Obama-era guidance on school restroom policies, asserting that his record demonstrated an inability to set aside personal beliefs in adjudicating related cases. The Alliance for Justice opposed on grounds including Starr's arguments in litigation seeking to limit local law enforcement discretion on immigration enforcement and to rescind Deferred Action for Childhood Arrivals (DACA) protections. People For the American Way echoed concerns that Starr's background would preclude fair hearings for litigants on civil rights matters. These groups, aligned with left-leaning policy priorities, framed their critiques in letters to Senate leaders dated April and May 2019, though no Democratic senators cited specific disqualifying actions beyond general partisan resistance to Trump nominees.

Federal Judicial Service

Appointment and Initial Tenure

Brantley Starr received his judicial on , , after by a 51-39 vote on , . He was sworn into office on August 13, 2019, by Fifth Circuit Judge Don Willett during a ceremony at the United States Courthouse in Dallas, Texas. This filled the vacancy created by Senior Judge Sidney A. Fitzwater's taking of senior status, assigning Starr to the Dallas Division of the Northern District of Texas. Starr's chambers were established in Dallas, with contact facilitated through a dedicated deputy and courtroom staff. He immediately assumed responsibility for a docket encompassing federal civil litigation, criminal prosecutions, and related proceedings typical of the district's caseload, which includes diverse matters such as contract disputes, bankruptcy referrals, and habeas corpus petitions. In his early months, Starr scheduled pretrial conferences and jury trials, as evidenced by orders in cases like United States v. Carpenter in September 2019, where he set a jury trial for March 2020. By March 2020, he issued substantive rulings, including a memorandum opinion granting summary judgment in Lane v. United States on March 30, 2020, addressing claims under the Federal Tort Claims Act. These initial decisions reflected a procedural focus amid the onset of the COVID-19 pandemic, during which Starr temporarily suspended certain filing requirements to adapt to remote operations.

Notable Rulings and Decisions

In Carter v. Southwest Airlines Co., U.S. District Judge Brantley Starr presided over a religious discrimination suit brought by former flight attendant Charlene Carter, who alleged she was fired in 2021 for sharing social media posts critical of abortion and for opposing the airline's COVID-19 vaccine mandate on religious grounds. A federal jury in October 2022 found Southwest Airlines and Transport Workers Union Local 556 liable under Title VII for religious discrimination and retaliation, awarding Carter approximately $800,000 in backpay, frontpay, and compensatory damages. Starr entered judgment accordingly, ordered Carter's reinstatement with seniority, and mandated that Southwest notify all flight attendants of their federal right against religious discrimination in the workplace. When Southwest's compliance notice deviated from the court's directive by including a disclaimer minimizing the policy's scope, Starr held the airline in civil contempt in August 2023 and imposed sanctions, including requiring three Southwest attorneys to complete eight hours of religious liberty training from a provider certified by the religious advocacy group First Liberty Institute. The Fifth Circuit Court of Appeals stayed the training order in 2023, and in May 2025, it reversed the contempt finding related to the attorneys' training as an abuse of discretion while upholding the core jury verdict on discrimination, though it vacated a separate punitive damages award against the union. In Commodity Futures Trading Commission v. TMTE Inc. (the Metals.com case), Starr addressed a $185 million precious metals fraud scheme involving inflated sales of gold and silver to retail investors without delivery. On July 21, 2025, he denied cross-motions for summary judgment by the CFTC, several states, and defendants TMTE Inc. and affiliated entities, ruling that physical gold and silver bullion do not qualify as "commodities" under the Commodity Exchange Act (CEA) when sold in spot transactions absent a nexus to futures contracts or enumerated agricultural products. Starr reasoned that the CEA's definition in 7 U.S.C. § 1a(9) limits CFTC antifraud authority over such metals to derivatives markets, potentially curtailing the agency's jurisdiction over non-futures physical sales despite prior interpretations expanding it to spot markets. He also rejected defendants' bids for dismissal or judgment, allowing the case to proceed to trial on state-law claims and limited federal issues, a decision states sought reconsideration of in August 2025. Starr's handling of evidentiary matters in the Metals.com litigation further highlighted his approach, as he denied motions to exclude expert testimony from both sides, emphasizing reliability under Federal Rule of Evidence 702 while deferring Daubert challenges to trial. These rulings underscore Starr's textualist interpretation of statutory limits on agency power, consistent with his broader jurisprudence limiting federal overreach.

Key Controversies and Legal Challenges

In the case of Carter v. Southwest Airlines Co. (filed in 2022), U.S. District Judge Brantley Starr ruled on July 27, 2023, that the airline violated Title VII of the Civil Rights Act of 1964 by firing flight attendant Charlene Carter after she shared social media posts criticizing the Biden administration's abortion policies and Southwest's support for them, finding the termination constituted religious discrimination against her Christian beliefs. Starr ordered Carter's reinstatement with back pay and enjoined Southwest from enforcing its social media policy in a way that discriminated against religious expression. Southwest reinstated Carter but placed her on unpaid leave pending an investigation into prior complaints against her, prompting Starr to hold the company in contempt on August 8, 2023, for allegedly twisting his order and failing to fully comply. As a sanction, Starr required three Southwest in-house attorneys to attend an eight-hour "religious liberty training" seminar conducted by the Alliance Defending Freedom (ADF), a conservative legal organization, rather than a standard legal ethics course, arguing it would educate them on the nuances of religious accommodation law. This directive drew immediate criticism from left-leaning advocacy groups, who characterized ADF as an "anti-LGBTQ hate group" based on Southern Poverty Law Center designations and filed a judicial misconduct complaint against Starr on August 15, 2023, alleging bias, improper sanctioning outside ethical norms, and violation of Canon 3 of the Code of Conduct for U.S. Judges by imposing ideological training. The complaint, lodged with the Fifth Circuit's Judicial Council, remained in abeyance as of January 2024, with critics like Fix the Court arguing it warranted reprimand for overreach. On appeal, the U.S. Court of Appeals for the Fifth Circuit reversed Starr's contempt finding on May 13, 2025, holding that Southwest had substantially complied with the injunction and that the sanction was an abuse of discretion, as the airline's actions did not clearly violate the order's terms regarding Carter's reinstatement and policy non-enforcement. The appeals court vacated the religious liberty training requirement, noting it exceeded typical remedies for non-willful noncompliance and risked appearing punitive rather than remedial. Starr defended his approach in a September 6, 2023, order, rejecting Southwest's objections to ADF as trainer and emphasizing the need for targeted education on religious liberty precedents like Groff v. DeJoy (2023). Starr's May 2023 standing order requiring attorneys in his courtroom to certify that legal filings contain no undisclosed AI-generated content—issued amid early concerns over tools like ChatGPT producing fabricated citations—sparked debate but faced no formal challenges, influencing over 200 similar judicial directives nationwide by November 2024. Critics from progressive outlets labeled it overly restrictive, while supporters praised it for upholding professional standards against AI "hallucinations." No other major controversies or appellate reversals of Starr's substantive rulings were reported as of October 2025, though his pre-judicial defense of Texas laws restricting transgender youth treatments and second-trimester abortions drew opposition from civil rights groups during his 2019 confirmation, framing him as hostile to LGBTQ equality without resulting in post-appointment litigation against his bench conduct.

Judicial Philosophy and Views

Commitment to Originalism and Textualism

Starr's judicial philosophy emphasizes adherence to binding precedent while incorporating originalism and textualism for interpretive guidance in novel cases. In responses to Senate Judiciary Committee questions for his 2020 nomination, he affirmed that, absent controlling precedent, he would interpret constitutional or statutory provisions by reference to their text and original public meaning. He described textualism as focusing on "the public meaning of enacted words," applied in conjunction with precedent, and noted that statutory interpretation begins with the plain text, resorting to legislative history only if ambiguity persists, consistent with Supreme Court directives such as in Exxon Mobil Corp. v. Allapattah. This approach aligns with his broader commitment to judicial restraint, which he defended in a 2017 debate at the University of Texas School of Law, arguing against judicial engagement that might substitute judges' policy preferences for legislative intent. Demonstrating practical dedication to these methodologies, Starr delivered a presentation on statutory interpretation and textualism at Texas A&M University School of Law in September 2020, introducing participants to principles centered on textual fidelity over subjective judicial gloss. Subsequently, as a federal judge, he co-developed and taught originalism curricula at multiple Texas law schools, including alongside U.S. District Judge Mark Pittman starting around 2023–2024, and with Judge Charles Eskridge in sessions on the origins of the federal Constitution. During these efforts, he portrayed originalism as providing "neutral set of principles" to constrain judges from imposing personal beliefs, thereby promoting consistent, history-grounded decision-making over evolving standards derived from contemporary values. Starr's pre-judicial experience in the Texas Attorney General's Office further reinforced this textualist bent, where he contributed to litigation advancing restrained interpretations of federal statutes and the Constitution, such as challenges to administrative overreach under original public meaning analysis. His involvement in Federalist Society events, including moderation of debates on qualified immunity framed through originalist lenses, underscores a consistent advocacy for interpretive methods that prioritize enacted law over judicial policymaking. This framework, he has indicated, ensures fidelity to democratic processes by deferring to the original understanding of legal texts unless squarely overruled by higher authority.

Positions on Religious Liberty and Federalism

Starr's judicial approach to religious liberty emphasizes robust protection of individuals' free exercise rights under federal law, particularly in employment contexts. In the 2022 case Carter v. Southwest Airlines Co., he ruled that the airline violated Title VII of the Civil Rights Act of 1964 by discriminating against flight attendant Charlene Carter, who was placed on unpaid leave and effectively terminated after sharing Facebook posts quoting Bible verses opposing abortion and same-sex marriage. Starr awarded Carter $800,000 in damages, ordered her reinstatement, issued a permanent injunction barring future retaliation, and required Southwest to post workplace notices affirming employees' religious accommodation rights. When Southwest failed to fully comply, Starr held the company in civil contempt in August 2023 and mandated that three in-house counsel complete eight hours of religious liberty training from the Alliance Defending Freedom, citing the need to prevent recurrence of Title VII violations. The U.S. Court of Appeals for the Fifth Circuit upheld the underlying liability finding and contempt sanctions in May 2025 but reversed the training requirement, deeming it punitive rather than remedial. This ruling illustrates Starr's textualist interpretation of Title VII's protections for sincerely held religious beliefs, prioritizing them over employer interests in maintaining a neutral workplace environment, even for expressions on contentious social issues. His order underscored that religious speech cannot be suppressed merely because it offends colleagues or corporate policies, aligning with precedents like Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018). Starr has also engaged with doctrines safeguarding religious institutions from governmental interference. In a July 2025 Federalist Society panel, he discussed evolving aspects of the church autonomy doctrine, including categorical immunity, the collateral order doctrine, and neutral principles of law, which limit civil courts' jurisdiction over internal ecclesiastical disputes dating back to Watson v. Jones (1871). This reflects a commitment to insulating religious organizations' governance and beliefs from judicial second-guessing, preserving their autonomy against state or federal encroachments. On federalism, Starr's pre-judicial work as Deputy First Assistant Attorney General of Texas from 2016 to 2019 focused on challenging perceived federal executive overreach. He contributed to Texas's May 2016 lawsuit against the Obama administration's guidance on transgender student access to bathrooms, arguing it exceeded statutory authority under Title IX and intruded on state educational prerogatives. In a 2016 Federalist Society speech, "Litigating Liberty: Using Federal Courts to Constrain a Post-Constitutional Federal Executive Branch," Starr advocated judicial tools to check expansive administrative actions, emphasizing constitutional limits on federal power. As a judge, Starr has applied federalist principles by scrutinizing federal agency authority. In a 2025 ruling in a Commodity Futures Trading Commission enforcement action, he adopted a narrow textual reading of the Commodity Exchange Act, questioning the agency's jurisdiction over physical gold and silver sales and limiting antifraud provisions to derivatives rather than spot markets, thereby curbing unelected regulators' scope. He has critiqued broad judicial remedies that undermine state sovereignty, joking in June 2025 that the Supreme Court's restriction on universal injunctions in Labrador v. Poe would "free up" the Northern District of Texas docket, signaling approval for remedies confined to plaintiffs and allowing state-level policy variation. Post-Loper Bright Enterprises v. Raimondo (2024), which overturned Chevron deference, Starr has resisted agency interpretations that expand federal control, aligning with a federalist view that preserves divided powers and checks administrative expansion.

Professional Affiliations and Personal Life

Memberships in Legal Organizations

Starr maintains membership in the State Bar of Texas, required for legal practice within the state. He joined the Federalist Society for Law and Public Policy Studies in 2005 and continues as a member, having served on the Board of Advisors for its Austin Lawyers Chapter since 2017. The Federalist Society, a prominent network of conservative and libertarian lawyers and judges, emphasizes originalism, textualism, and limited government in its programming and advocacy. Starr has held positions with the Texas Review of Law & Politics, a conservative scholarly journal focused on legal and policy issues, since 2004; these include service on its Board of Directors from inception and as Chair or Co-Chair of the Steering Committee since 2010. No additional bar associations or legal organizations, such as the American Bar Association, appear in his disclosed affiliations.

Family and Public Persona

Brantley Starr is married to Jana Starr; as of August 2019, the couple had been wed for 15 years and had three children. Starr maintains a relatively private public persona, with limited personal details shared beyond official announcements, emphasizing his role as a family man alongside his judicial duties. His public engagements primarily revolve around legal scholarship and speaking on constitutional issues, including authorship of over 30 law review articles and op-eds since 2016, though these align more closely with his professional profile than personal life. No verified accounts of extensive media appearances or social media presence focused on non-professional matters exist in public records.

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